News and Insights

The Part 17 approval pathway contained in the Planning and Development Act 2005 (P&D Act) was intended to be a temporary measure to prioritise significant developments that were construction-ready during the COVID-19 pandemic. The modified approv

Following the announcement by the State Government on Friday, 23 September 2022 foreshadowing changes to “remove restrictions on people who can live in secondary dwellings”1 , the Planning Regulation 2017 (Planning Regulation) was amended today,

With the impact of COVID-19, many local governments are moving to an online streaming environment with councillors attending meetings remotely and ratepayers observing with a click of a button. In an online environment the question arises as to wheth

The meaning of ‘dwelling’ and land use characterisation has been a recurrent theme in proceedings involving the Planning and Development Act 2005 (WA). The State Administrative Tribunal has again considered the issue in Mivianjama Pty Ltd and Shi

The State Administrative Tribunal has taken the opportunity in its decision of Mastaglia and City of Cockburn [2021] WASAT 154 (Mastaglia) to issue a reminder to local governments to review their planning frameworks in light of the Deemed Provisions

A recent case which considers issues associated with substantial commencement is Auscon Pty Ltd and Town of Cambridge [2021] WASAT 116 (Auscon).  The case reinforces the obligation on local governments to consider, amongst other things, whether work

Park owners should now be aware from our previous articles, that the final stage of amendments to the Manufactured Homes (Residential Parks) Act 2003 (Qld) (Act) will commence on 1 September 2019.   These amendments include: the new disclosure r

In this article, David Nicholls and Ruby Rayner discuss a recent judgment of the Queensland Court of Appeal which confirms that where an approval exists that has not been implemented a new application may be made for development to take advantage of